Implementation of covert and technical measures of surveillance and investigation in Kosova
Hashim Çollaku
Scientific Study from the year 2012 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: The topic I have prepared for presentation is: Implementation of covert and technical measures of surveillance and investigation. Taking into consideration that the covert and technical measures of surveillance for the first time have been foreseen by UNMIK Regulation no. 2002/6 of March 18th 2002, it is righteously considered that they are new institution of the criminal procedure. By issuance of UNMIK regulation no 26/2003 of 06.07.2003 of Provisional Criminal Procedure Code of Kosova, that entered into force on April 20th 2004, along with Provisional Criminal Code of Kosova, to which on April 20th 2004 UNMIK Regulation 8/2004, criminal Code for Minors have been added, finally disrupting continuity of applicable laws according to UNMIK Regulation no. 24/99 of December 12th 1999. Within PCCK there are numerous novelties foreseen, compared to CPC; amongst others, covert and technical measures of surveillance and investigation were foreseen. According to PCCK, in scope of his authorizations, Public prosecutor takes care and leads investigation of a criminal issue as of the moment of being informed by the police for collection of evidences required, to the decision for commencement of investigation. A special care should be taken, when the covert and technical measures of surveillance are being applied, considering that these measures jeopardize the right to privacy, guaranteed by all international acts and instruments, as well as local laws, as a basic right of living. Otherwise, these measures are foreseen in a special chapter of PCCK, where the nature and techniques of proceedings are elaborated.
